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CCP 07-26-1999
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CCP 07-26-1999
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<br />. <br /> <br />. <br /> <br />e <br /> <br />e <br /> <br />Model Ordinance <br />LMC/CEAM Right-of-Way Ordinance <br /> <br />City of <br /> <br />Countt. l\'Iinnesotl! <br /> <br />.,- <br /> <br />An ordinance to enact a new Chapter <br />of the Code of Ordinances <br />to administer and regulate the <br />public right of way in the public interest, and to provide for the <br />issuance and regulation of right-of-way permits <br /> <br />THE COUNCIL OF <br /> <br />ORDAINS1: <br /> <br />Chapter _of Code of Ordinances (hereafter "this Code" )2 is hereby repealed <br />in its entirety, and is replaced by the following new Chapter 1 (hereafter "this Chapter), to read as <br />follows: <br /> <br />Chapter 1 <br />Right-of-Way Management <br /> <br />See.1.0t. Findings and Purpose. <br /> <br />To provide for the health, safety and well-being of its citizens,and to ensure the structural <br />integrity ofits streets and the appropriate use of the rights-of-way, the City strives to keep its <br />rights-of-way in a state of good repair and free from unnecessary encumbrances. Although the <br />general population bears the financial burden for the upkeep of the rights-of-way, a primary <br />cause for the early and excessive deterioration of its rights-of-way is frequent excavation. <br /> <br />Right-of-way obstruction is a source of frustration for merchants, business owners and the <br />general population which must avoid these obstructions or change travel or shopping plans <br />because of them and has a detrimental effect on commerce. Persons whose equipment is within <br />the right-of-way are the primary cause of these frequent obstructions. <br /> <br />The City holds the rights-of-way within its geographical boundaries as an asset in trust for its <br />citizens. The City and other public entities have invested millions of dollars in public funds to <br />build and maintain the rights-of-way. It also recognizes that some persons, by placing their <br />equipment in the right-of-way and charging the citizens of the City for goods and services <br />delivered thereby, are using this property held for the public good. Although such services are <br />often necessary or convenient for the citizens, such persons receive revenue and/or profit through <br />their use of public property. <br /> <br />I Enacting clauses are different in various charters. The statutory city enacting clause is used here. <br /> <br />2In most cases, there will be ordinances or legislative codes that will need to be amended or repealed <br />because of inconsistency with the new regulations. One method is to repeal all those provisions and replace them <br />with this ordinance. <br />
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